Pennsylvania Act 1874-80 — ALLOWING THE U.S. TO ACQUIRE LAND

Act text

ALLOWING THE U.S. TO ACQUIRE LAND
                  Act of May 14, 1874, P.L. 145, No. 80               Cl. 29
                                  AN ACT

     To grant the consent of the state of Pennsylvania to the
        acquisition of certain lands by the United States, for the
        purpose of erecting additional light houses to aid the
        navigation of the river Delaware.

        WHEREAS, Legislation is required to enable the United States
     to obtain title to property within the state of Pennsylvania and
     the navigable waters thereof, for the purpose of erecting light
     houses to aid the navigation of the rivers Delaware and
     Schuylkill; therefore,

        Section 1.  Acquisition of land by United States; consent
        The consent of the State of Pennsylvania is hereby given to
     the acquisition by the United States, by purchase or by
     condemnation, under the laws of this State, of such pieces of
     land situate in the State of Pennsylvania, or the navigable
     waters within the limits of the jurisdiction of the State of
     Pennsylvania, each piece not to contain more than ten acres, as
     may be selected by the light house board of the United States,
     for the purpose of erecting light houses and beacons on the
     Rivers Delaware and Schuylkill; and the said United States shall
     have, hold, use, occupy and own the said land or lands when
     purchased or acquired, and exercise jurisdiction and control
     over the same and every part thereof, subject to the
     restrictions hereinafter mentioned. 1874, May 14, P.L. 145, Sec.
     1.
        Section 2.  When Governor authorized to sell or donate
        Whenever the site so selected shall be a shoal or land
     covered by waters of the said rivers not owned by any
     individual, and owned by or under the jurisdiction of the State,
     the Governor of the State of Pennsylvania is hereby authorized
     to sell or donate to the united states so much of the said shoal
     or bed of the said rivers, as shall be required for such
     purposes, and to execute such assurances as shall be necessary
     to vest the title of the State of Pennsylvania thereto in the
     United States, and to secure the use and occupation of the same
     in the United States, for the purpose of erecting a lighthouse
     or lighthouses thereon.  1874, May 14, P.L. 145, Sec. 2.
        Section 3.  Condemnation proceedings
        In case the united states shall decide to resort to
     condemnation in acquiring land for the purposes specified in the
     first and second sections of this act, the said United States
     shall, in all respects, be governed by the laws of this State
     regulating the appropriation of private property for public use,
     and said laws are hereby made applicable: Provided, That the
     United States may pay the costs and refuse to take the land if,
     in their judgment, the compensation assessed therefor is
     excessive.  1874, May 14, P.L. 145, Sec. 3.
        Section 4.  Jurisdiction ceded to United States
        The jurisdiction of the State of Pennsylvania in and over the
     said land or lands, when purchased by the United States, shall
     be and the same is hereby ceded to the United States; but the
     jurisdiction hereby ceded shall continue no longer than the said
     United States shall own the said land or lands.  1874, May 14,
     P.L. 145, Sec. 4.
        Section 5.  Conditions upon which consent given and
     jurisdiction ceded
        The said consent is given, and the said jurisdiction ceded,
     upon the express condition that the state of pennsylvania shall
     retain concurrent jurisdiction with the United States in and
     over the said land or lands, so far as that all civil process in
     all cases, and such criminal or other process as may issue under
     the laws or authority of the State of Pennsylvania, against any
     person or persons charged with crimes or misdemeanors committed
     within said state, including said lands, maybe executed therein
     in the same way and manner as if such consent had not been given
     or jurisdiction ceded, except so far as such process may affect
     the Real or Personal Property of the United States.  1874, May
     14, P.L. 145, Sec. 5.
        Section 6.  Jurisdiction ceded, when to vest; exemption from
     taxation
        The jurisdiction hereby ceded shall not vest until the United
     States shall have acquired the title to said land or lands, as
     herein provided; and so long as the said land or lands shall
     remain the Property of the United States, when acquired as
     aforesaid, and no longer, the same shall be and continue
     exonerated from all taxes, assessments and other charges which
     may be levied under the authority of this State.  1874, May 14,
     P.L. 145, Sec. 6.